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Bank account with $800 available was frozen but a collector with a $14,000 judgement only took .26 cents. Why?

Issaquah, WA |

A third party debt collector won a default judgement against me in 2007 but didn't take any action until this past December (2012).

I found out my bank account was frozen after going in to deposit a check. The collector took .26 cents from my account that day and I later noticed they had also taken .26 cents the month before (I had $800 in my account).

Apparently my account was only frozen temporarily - possibly just for one day (the days they took .26 cents) because I've used my account since.

Why are they taking such a small amount and why doesn't the judgement show on my current credit reports (Equifax, TransUnion and Experian) even though there's record of the judgment in superior court? I got a notice in my PO Box for certified mail in November but never picked it up.

Attorney Answers 3

Posted

I'm not sure why but I would withdraw my money and bank somewhere else.

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Posted

You want an attorney to guess as to the cause of this without looking at the documents? I don't know whether I am very good at making a wild guess, but I would suggest that the source of the money in the account might be eligible for an exemption under either state or federal law. I am posting a link to a description of the exemptions for all 50 states so you can review them to see if I guessed correctly. Hope this perspective helps!

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Posted

In 2011 the FDIC adopted a rule that when banks receive garnishment writs that they review their records to determine the source of the funds. It may well be, as alluded by my colleague, that the sources of the funds in the account are protected, such as social security, disability, veterans, unemployment and other protected sources.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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